Employer Nomination Scheme (Subclass 186)

Who is the Employment Nomination Scheme Subclass 186 for?

The Employer Nomination Scheme (ENS) allows Australian employers to nominate international workers for permanent skilled positions in their business, that they themselves cannot fill because of Australian labour shortages.

With three streams to choose from, the ENS meets all applicant circumstances. Whichever stream applicants apply under, a two-step process is involved – nomination by an approved Australian employer and a visa application under the nomination stream.

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What are the three streams of a 186 visa?

The three streams in which an applicant can apply for include; the Temporary Residence Transition stream, the Direct Entry stream, and the Agreement stream. Please see below for further details of each of these pathways

1. Temporary Residence Transition Stream

The Temporary Residence Transition stream is designed for holders of a 457 visa, who wish to transition into permanent residency, provided their nominating employer wants to offer them a permanent position.

2. Direct Entry Stream

The second stream, the Direct Entry stream, is ideal for applicants who have been nominated by their employer under this stream, and have never (or briefly) worked in Australia, or are temporary residents who are not eligible for the Temporary Residence Transition stream.

3. Agreement Stream

If applicants are sponsored by an employer through a negotiated formal labour agreement, the Agreement stream is a direct pathway to permanent residency.

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Am I Eligible for a 186 Visa?

To apply for any of the streams of the 186 visa, you must meet the following common criteria:

Within the six months prior to your application date, be nominated by an approved Australian employer

At the time of your application, you must demonstrate that you have the required skills and qualifications for your nominated position

Hold any mandatory registration, license or professional membership, and be fully assessed as a suitable applicant by the relevant body

Have a competent level of English language skills unless you are exempt;

Meet health and character requirements

Depending on which pathway you qualify for you will need to demonstrate that you meet additional eligibility requirements.

In regards to the Temporary Residence Transition stream, applicants must be; under the age of 50 (unless you exempt), hold a Temporary Work (Skilled) visa (subclass 457), have worked in the same occupation for at least two out of the three years whilst on a 457 visa. Please note that if you are eligible for a 186 visa under this stream, it is not necessary for you to have your skills reassessed because you have already worked in Australia for your nominating employer for two years.

Applicants applying for a ENS through the Direct Entry pathway must be; under the age of 45 (unless you exempt), have at least three years relevant work experience, and have a positive skills assessment in your nominated eligible occupation. It is also necessary for you to satisfy one of the following additional eligibility criteria:

Have been nominated by a position under this stream;

Have never, or briefly, worked in Australia;

Hold a 457 visa but are found to be ineligible for the Temporary; Residence stream; or

Apply directly from outside of Australia.

If applying under the Agreement stream, your employer must sponsor you through a labour agreement.

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186 Visa Checklist

How Long Does it Take?

Once received, the Department of Immigration will then commence processing your application.

1. Temporary Residence Transition Pathway

The average global processing time is 75% of applications in 8 months.

2. Direct Entry Pathways

The average global processing time is currently 75% of applications processed in 8 months.

3. Agreement Stream

Due to the low volume of applications, the average processing time of your application is unviable.

Please note that the above global processing times for all three pathways are subject to change as assessment of eligibility occurs on a case-by-case basis and vary on the applicant’s circumstances.

It is understandable that there are circumstances that will impact the processing time of your visa applications, which may be out of your control. These include the time for external agencies, namely health and police services, and the Government, to conduct checks and provide supporting information.

While the above circumstances are unavoidable, there are some factors which will ensure you a faster processing time. These include:

Lodging a complete application, attached with all of the necessary supporting documents.

Being prompt in responding to any additional information the Department requests.

The cost of this visa is priced from $3,670 and is paid in two instalments – one when you first lodge your application, and second when the Department instructs you to pay an additional payment for this visa. Please note that this is only the flat rate and you may be asked to pay additional costs to cover requirements such as; health assessments, police certificates and biometrics.

If you wish to add additional family members to your application, an extra fee will be imposed upon your visa application.

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What Steps Should I Take to apply for a 186 Visa?

Unlike other Migration law firms, Results Migration makes the process of applying for visas straightforward. A two-step process is involved in applying for a 186 visa– nomination by an approved Australian employer and a visa application under the nomination stream. Our team of expert lawyers will work with both you, and your employer, every step of the way and have devised a step-by-step process to ensure your application is processed as fast as possible.

1. Schedule a free consultation with our team of expert lawyers, where we will assess and advise you on the Australian visa option that best suits you

2. At this stage we will also gather and prepare all of the documentation, as well as perform any additional checks that are required to lodge a visa application. This will include documents from your employer and also you as an applicant.

3. We will then begin to prepare and then loge your application in a timely manner.

In the meantime, if you are an onshore applicant you will be granted a bridging visa until your current visa expires. This will enable you to stay in Australia until the outcome of your 489 visa is decided.

4.Finally, we will notify you of the outcome. If granted, you will receive the rights listed below.

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Entitlements of the Employment Nomination Scheme

The ENS will grant you permanent residence in Australia. It will allow you and your eligible family members:

The right to stay in Australia indefinitely.

Work and study rights in Australia.

The opportunity to enrol in Medicare – Australia’s scheme for health-related care and expenses.

Apply for Australian citizenship once you become eligible.

Sponsor eligible relatives for permanent residence.

Travel to and from Australia for up to five years.

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186 Visa FAQs

Who can nominate a skilled worker?

If you are nominating a skilled worker, you must meet the following criteria:

Actively and lawfully operate a business in Australia

Have a genuine need for a paid employee to fill a skilled position

Offer a skilled position in the applicant’s field that is full-time and ongoing for at least two years

Pay a market salary rate

Comply with Australian immigration and workplace relations laws

There is no adverse information known about your business or any person associated with your business.

If you do not have an employer who will nominate you, you can also submit an Expression of Interest through SkillSelect. This will then allow prospective employers and State and Territory governments to view your details and then decide if they want to nominate you.

Can I include my family members on my application?

The ENS allows you to add your partner and your children, stepchildren, or your partner’s children or stepchildren, to your visa application. You will need to provide evidence of their relationship to you in your application and they must meet the relevant health and character requirements.

Where do I have to be when I apply for my visa?

You can either be in or outside of Australia when you apply for a 186 visa. If you are in Australia however, you must hold a substantive or bridging visa.

Are there any circumstances where the Department will waiver the age condition?

There are circumstances where the Department will allow applicants over the age threshold to apply for this visa. These include if you:

are nominated as a senior academic (University Lecturer or Faculty Head) by a university in Australia

are nominated as a scientist, researcher or technical (scientific) specialist at ANZSCO skill level one or two by an Australian government scientific agency

are applying through the Direct Entry stream and you hold a Subclass 444 (New Zealand citizen) or Subclass 461 (New Zealand citizen’s family member) visa and you have been working for the employer who nominated you for at least two years in the last three years immediately before making the application

are applying through the Temporary Residence Transition stream, and you have been working for your nominating employer as the holder of a Subclass 457 visa for at least four years immediately before applying, and that employer paid you at least as much as the Fair Work High Income Threshold in each of the four years

are applying through the Agreement stream and the relevant labour agreement allows for a person who has turned 50 to be employed.

Are there any circumstances where the Department will waiver the English language condition?

There are circumstances where you will not have to show that you have formal English language skills. These include:

If you hold a passport from New Zealand, USA, Canada, United Kingdom and Ireland

You are applying through the Transition stream and have completed at least five years of full-time study in a secondary or higher education institution, and all of the tuition was delivered in English.

The 457 visa is a subclass of the temporary work visa that is available to skilled international workers. This visa allows skilled international workers to gain employment with approved businesses for anywhere between 3 months [...]